The future is uncertain. We all strive to ensure elements of certainty for this uncertain future. No surprise then that there are so many legal instruments for the future exigencies. Examples of these include wills, power of attorney, enduring power of attorney, enduring power of guardianship, etc.
- Power of Attorney and Enduring power of attorney:
A power of attorney is a document giving another individual the right to make personal and/or financial decisions on your behalf. Personal decisions include your care and welfare. Financial decisions are connected wholly with finance and money related matters. There are 2 types of power of attorney:
The powers of the above two are similar. There is only one key difference- the enduring power of attorney continues to operate even when the donor is legally incompetent to make rational decisions on his or her own. The role of the enduring power of attorney assumes greater importance in situations when the donor has become mentally incompetent. There can be several types of attorney- single attorney, joint attorneys, and joint and several attorneys. It is clear by now, that the power of attorney is a huge deal; therefore, the donors are always advised to appoint somebody who they can place their complete faith on. The rules in relation to the enduring power of attorney are provided in part 9 of the Guardianship and administrative act 19990. The rules pertaining to Power of Attorneys are enumerated in section 104 (1a) of the Guardianship and Administration Act 1990. Legal requirements of a power of attorney include:
- a) He/she should at least be 18 years old.
- b) Not be a paid carer.
- c) He/ she should not be a health provider.
- d) Not be the service provider for any residential service where you are residing currently.
The power of attorney should behave honestly and always adhere to the wishes and interest of the client. Powers of attorneys’ Act 1998 provide some guiding principles to be followed by power of attorneys. For cancellation of power of attorney, the donor has all the right to do so at any time. In addition, a public guardian may be appointed to investigate the wrongdoings of a power of attorney. The courts are vested in deciding these cases as well. The enduring power of attorney comes to an end when the person in capacity wishes to do the same; she only has to send the document to the attorney. However, when the person has lost her legal capacity, then the donor or any other person around her believing that the job of the attorney is not being carried out properly, she has the right to file an application to State Administrative Tribunal. The decision of the tribunal will be final.
- Enduring power of guardianship:
Enduring power of guardianship is conferred on a person to make important personal, lifestyle and treatment decisions on your behalf, in case you ever become incapable of making such decisions yourself. An enduring guardian only takes a decision relating to personal and lifestyle matters, for financial matters, the enduring attorney is the more appropriate authority. They can decide who can visit you, which hospital is apt for treatment you require, where you can live, etc. Both the appointee and the legal guardian are requiring being 18 years of age and possessing legal capacity. Schedule 1 of Guardianship and Administration Regulations 2005 contain provisions for this instrument. For the enduring power of guardianship to come to an end, the appointee can take this decision anytime while she is still legally competent, in case she loses her legal capacity, the State Administrative Tribunal may be asked to intervene.
- Our role:
We offer services related to Wills, and Probate, Estate law and other related legal services. We are an established firm with a rapidly growing clientele. Our commitment to our work can never be questioned. We strive to attain customer satisfaction; therefore, we do what is best for our clients.
We have a dedicated and hardworking task force equipped with all peculiarities of the law. Cases relating to power of attorney, enduring power of attorney, enduring power of guardianship are highly technical in nature. Only the services of experts should be taken in such matters, our legal team is equipped in dealing with all questions relating to these spheres. We have a very meticulous approach, leaving hardly any scope of doubt.
Power of attorney, for instance, is a huge responsibility entailed on somebody. This has to be made known to the client. The rights of the donor cannot be compromised under any circumstances. We, Wills lawyer Perth understand this. Similarly, enduring power of guardianship is complex and our lawyers are always ready to help in the comprehension of the same.
Our professionals and lawyers are always at your service for any query, support, and assistance. Contact us now.